Does being male qualify as a disability?

Now, a prominent lawyer has concluded that being male is a disability, too, reports the National Law Journal. 'If sleep disorders and sex problems can be used as criteria for filing disability claims, as courts have held, 'being male' could also be a legally recognized disability. So claims Louis Solomon, a partner and co-head of the Global Litigation Department at Proskauer Rose, who believes 'maleness' is on its way to becoming a new category for disability claims. Men, he argues, have a greater susceptibility to certain diseases, a shorter life expectancy and a testosterone level that predisposes them to more aggressive behavior ' all factors that could be classified as a disability.'

There are additional reasons why males may qualify as disabled. Statutory amendments to the ADA now define impairment of bodily functions as a disability per se. But men go deaf faster than women, and generally have inferior senses of smell. My wife smokes, and I don't. But she has still has a vastly greater sense of smell than I do. And my baby daughter can smell things I don't even notice. It sounds like I'm disabled on that basis, too.

Moreover, even before the ADA was amended, in Adams v. Rice, the D.C. Circuit Court of Appeals ruled that a woman was legally disabled because she was reluctant to enter into sexual relationships because of breast cancer treatment that impaired her self-image. If finding it hard to have sex makes you disabled, then that's an additional ground for classifying maleness as a disability, since even an unimpressive-looking woman can apparently find a sexual partner just by going down to the nearest bar, which apparently is not true for many similarly-situated man. More.

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